Dade County Board of Public Instruction v. Baldwin

HAL P. DEKLE, Circuit Judge.

On the landowners’ application for taxation of costs in eminent domain proceedings, the condemnor raises the following two basic questions— (1) May the landowner recover from the con~ demnor for costs expended in an unsuccessful hearing before the court prior to jury trial on valuation, contesting condemnor’s right of taking? (2) May the landowner and his tenant tax against the condemnor, costs incurred in a subsequent hearing before the court on apportionment of the amount which the jury has fixed as the full value of the property? Yes, to both questions.

The…